Madras High CourtCRL OP(MD)/14667/2019disposed of

R. Velan v. The Superintendent Of Police

2019-10-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.14667 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.14667 of 2019 R.Velan ... Petitioner Vs.

1.State represented by The Superintendent of Police, Thanjavur,Thanjavur District.

2.The Inspector of Police Orathanadu Police Station, Orathanadu, Thanjavur District Cr No. 7/2019.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., directing the first Respondent to transfer the investigation in Crime No. 7/2019 from the file of the second Respondent to any other independent agency and to complete the investigation within the time framed by this Court. For Petitioner : Mr.S.Jeyachandran For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This petition has been filed to direct the first Respondent to transfer the investigation in Crime No.7 of 2019 from the file of the second Respondent to any other independent agency and to complete the investigation within the time framed by this Court. 2.When the matter was taken up for hearing, the learned Government Advocate (Crl.side) on instructions would submit that on the complaint lodged by the petitioner a case has been registered in Crime No.7 of 2019 for the offences under sections 341, 294(b), 324, 326 and 506(ii) I.P.C., totally there are three accused in this crime and A1 and A2 were arrested and subsequently released on bail, A3 was obtained anticipatory bail. He would further submit that the investigation is going on in a proper manner. 3.The grievance of the petitioner is that on the occurrence, the petitioner lost his two fingers, even then, the respondent police did not registered a case under Section 307 I.P.C. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14667 of 2019 4.Considering the above facts and circumstances of the case, now the second respondent is conducting the investigation in a proper and fair manner. At this stage, the transfer of investigation would affect the entire investigation. However, the second respondent is directed to consider the request of the petitioner and collect the evidence insofar as the injuries sustained by the petitioner. If any incriminating evidence available, the second respondent is directed to file the final report accordingly. The first respondent is also directed to monitor the investigation by the second respondent and ensure that the second respondent shall complete the investigation and file the final report.

5.With the above directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) Ls To The Superintendent of Police, Thanjavur,Thanjavur District.

2.The Inspector of Police Orathanadu Police Station, Orathanadu, Thanjavur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.JAYACHANDRAN, Advocate SR-92409. Crl.O.P.(MD)No.14667 of 2019 17.10.2019 CS(01.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2